- 1 - HC-KAR NC: 2025:KHC:50926 RSA No. 153 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.153 OF 2021 (PAR) BETWEEN: 1. SRI. NANJUNDAPPA AGED ABOUT 51 YEARS S/O VENKATESHAPPA (LATE) 2. SRI. C. RAMAPPA AGED ABOUT 56 YEARS S/O CHOWDAPPA (LATE) BOTH ARE RESIDENTS OF THONDALA VILLAGE HOLURU HOBLI, KOLAR TALUK KOLAR DISTRICT – 563 101. …APPELLANTS (SRI NANJUNDAPPA & SRI C.RAMAPPA, APPELLANTS [ABSENT]) AND: 1. SRI. B. NARAYANAPPA AGED ABOUT 83 YEARS S/O BYCHAPPA (LATE) R/AT THONDALA VILLAGE HOLURU HOBLI, KOLAR TALUK KOLAR DISTRICT-563101. SMT. MUNIVENKATAMMA DEAD BY HER LRS: I.E., RESPONDENTS 2 AND 3. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50926 RSA No. 153 of 2021 2. SRI. C. NARAYANASWAMY AGED ABOUT 56 YEARS S/O SRI. CHOWDAPPA (LATE) R/AT THONDALA VILLLAGE HOLURU HOBLI KOLAR TALUK KOLAR DISTRICT-563 101. 3. SMT. RATHNAMMA AGED ABOUT 54 YEARS W/O BALAKRISHNAPPA S/O CHOWDAPPA (LATE) R/AT THONDALA VILLAGE HOLURU HOBLI KOLAR TALUK KOLAR DISTRICT-563101. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 R/W ORDER XLII RULE 2 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.06.2020 PASSED IN R.A.NO.144/2017 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, KOLAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 24.10.2017 PASSED IN O.S.NO.99/2016 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, KOLAR. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:50926 RSA No. 153 of 2021 CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Appellants are absent. This appeal was listed on 18.11.2025 and this Court considering the submission that the counsel has filed the acknowledgment for having notified the appellant that he is going to retire from the case and the same was served on 04.11.2025, but till date appellants have not made any arrangements to engage the counsel and this Court has given one more opportunity to the appellants to engage the counsel within two weeks and also made it clear the if appellants fails to engage the counsel within two weeks, appeal will be dismissed on the next date of hearing. Inspite of opportunity is given to the appellants, they have not engaged any counsel to pursue the matter and it appears that appellants are not interested in pursuing the matter. Hence, in view of the order passed by this Court on 18.11.2025, appeal is dismissed for non-prosecution. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 37